LAWS(ALL)-1982-12-21

SHEIKH SHAMSHAD AHMAD Vs. UNION OF INDIA

Decided On December 21, 1982
SHEIKH SHAMSHAD AHMAD Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ONE Abdul Salam, father of the applicants, instituted suit 294 of 1971, against the Union of India and the Military Estates Officer opposite parties 1 and 2, respectively. The plaint case, inter alia, was that some time in 1935 the defendants in the suit had granted a lease in favour of the plaintiff with respect to certain land for a period of 30 years, that after the expiry of the period of 30 years the period of the lease was extended by one year from time to time and finally on 22-3-1970, the defendants informed the plaintiffs that the lease will not be renewed in future. Faced with that situation, the plaintiff instituted the said suit praying, inter alia that the defendants may be directed to execute a lease in his favour for a fresh period of 30 years. Thus, in the suit, the main relief claimed by the plaintiff was the issue of a mandatory injunction directing the defendants to execute a fresh lease in his favour for another period of 30 years.

(2.) DURING the pendency of the suit, Abdul Salam died. The applicants in their capacity as heirs and legal representatives of Sri Abdul Salam made an application in the suit far being substituted in place of Sri Abdul Salam. On 16-2-1982 the Civil Judge, Bulandshahr rejected the said application and held that the entire suit had abated. The reasoning given by the Civil Judge was that the action taken by Sri Abdul Salam in instituting the said suit was a personal one and had died with him (Abdul Salam ). The instant revision is directed against the said order passed by the Civil Judge.